Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-16
BROWNING'S BILL.
A Bill to Provide for the Sale OF Com
men School, University and Ger
tain Other Lands.
1t Also Repeats the A ct of the Legislature
of 'S3 Providing for the Sale of
Said Lands.



Special to the Gazette.
AUSTIN, Ten, Jan. l5.-The following
was introduced in the house to day by
Representative Browning: A bill to be
entitled an act to provide fer the sale of
the lands heretofore, or that may here
after be surveyed and set apart for the
benefit Of the common school, university,
the lunatic, blind, deaf and dumb, and
orphan asylum funds, and to repeal so
titled, Gan act to provide for the classiti-
cation, sale and lease of the lands here
tofore or hereafter surveyed, and set
apart for the benefit Of the common
schools, university, the lunatic, blind,
deaf and dumb and orphan asylum
funds" approved April u, 1888, as
pro rideg for the sale of SAID lands.
Section /. Be it enacted by the lcgisla-
ture of the state of Texas: That all
lands heretofore, or that may hereafter
be surveyed and set apart for the benefit
of the common schools, university, the
lunatic, blind, deaf and dumb, and orphan
asylum funds, be and tie same are hereby
placed upon the market and shall be sold
IS hereinafter provided.
| Sec. .. Every person who is the head
of family or who has arrived at the age
Of twenty-one years, shall be entitled to
purchase not less than l60 acres (unless
there is fraction of less than 160 acres
now eXisting) nor more than $40 acres of
said land at the following prices: II the
| land purchased has no permanent water
on or bordering on it, the price to be
paid shall be 50 per acre; if it has perma-
nent water on or bordering on it,
the price to be paid shall be So
per acre; if it be chiefly valuable
! for the timber thereon, and such timer
is not suitable for lumber, the price
to be paid shall be So per acre, upon
complying with the terms and conditions
| specified IN this act.
Sec. g. Any person entitled to pur-
chase any of said land, may make ap-
plicetiou in writing to the county or
district surveyor, designating the land
desired, by the number Of the survey,
| certificate number, rame Of the company
or individual to whom was issued the
certificate by virtue of which such survey
was made, the fund to which it belongs,
and If less than whole survey, the par
| ticular part of the survey sought to be
purchased: provided, that no fraction Of
any survey less than 100 acres shall be
left by any such selection nor shall any
! fractional survey of less than 800 acres
| be divided. The party making such ap-
| plication shall attach thereto his or her
affidavit made before some officer, author
| lied by law to administer oaths, to the
effect, that he or she is the head of q
family, or Is tWenty-One years CT age,
| that such application is made in good
| faith for the purpose Of actual settlement
upon the land as his or her home, ana not
directly or indirectly for the use or
benefit of any other person. Said
affidavit shall also state whether or not
the land applied for has permanent water
on or bordering on it, aud whether or not
it is chiefly valuable for the timber
thereon. The surveyor s all De entitled
to receive from the applicant fee of 81
for such application and he shall upon
payment of said fee Immediately record
said application ard affidavit in q we'll
bound book to be kept by him for that
purpose After recording, the surveyor
shall indorSe upon said application
recorded" giving date, page and Volume
Of the record, in which it was recorded
and sign his name officially thereto, and
return the application and affidavit to the
party presenting it. And if the corners
and boundary lines of the land so applied
for are not already established and marked
on the ground the applicant shall also
apply to the surveyor for survey OF the
same, end it shall be his duty, upon pay
ment Of his legal fee, to be paid by the
applicant, to proceed at once to survey
the land and record the field notes thereof
in his office. In certifying to the correct
ness of said field notes, he shall also Ger
rfy whether or not the land has perma-
Gent water on or bordering on it, and
whether or not the land is chiefly valuable
for the timber thereon. Said field notes,
when so certified, shall be delivered to the
applicant, and he shall attach the same to
the above application to purchase.
Sec. 4. The purchaser shall Immediate
" forward to the state treasurer the
above application, together with one
thirtieth of the price OF the land applied
for, and if it is chiefly valuable for the
timber thereon, he shall forward the
whole of the price thereof. The treasurer
shall enter credit on his books in tue
name Of the purchaser fer the amount SO
received, giving such description OF the
land, as viii identify the same, he shall
then issue his receipt fer said amount
and deliver it with the shove application,
affidavit ard field notes to the commits
.sioner of the general land Office, who
shall file the same in his office and issue
his certificate in lieu thereof, setting forth
the amount paid the treasurer and the
quantity and other necessary description
OF the LAND applied for, which certificate
shall be Immediately forwarded to the
purchaser.
Sec. 3. Should the applicant fail to
make his first payment as required by the
preceding section, within thirty days
from the date Of his application, and
present the certificate from the COM
missioner of the general land office, to
the surveyor within sixty days thereafter,
the land shall be forfeited TO the state and
again for sale, and the surveyor shall be
authorized to receive application to pur-
chase the same as in the first instance;
provided, however, that he shall not re-
ceive or record second application from
any nersOn who has once made aDDlica-